Finding Inner Peace: Improve Your Chances with a Mental Health-Related Workers' Comp Claim

While applying for workers' comp can be difficult for many people, it can be especially frustrating if you are trying to prove a mental disability or distress. Since much of your illness or stress may be internally aggravating, it can be difficult to show the insurers physical proof of it. However, there are some steps you can take to improve your chances of a successful filing. 

Look for Any Physical Evidence and/or Inciting Events

Even though much of your illness may not be outwardly apparent, your case may be more promising if you can pinpoint any physical symptoms, no matter how small. For instance, if certain work tasks give you so much anxiety that you have panic attacks, you may have witnesses who have noticed you trembling, becoming wan, or sweating. Besides any physical symptoms, you may have better evidence for your claim if you can target the inciting incident which caused your mental illness to manifest. For instance, if you had previously suffered a traumatic physical injury at work, then PTSD or anxiety could be a latent symptom even if your body already healed outwardly.

Don't Divulge Too Much in Public

While witness statements are vital to your case, you should be careful not to divulge too much about your claim to family, friends, and coworkers since many of them may be interviewed as a part of the claim's investigation. While you may want to make it apparent to others—like the insurers—that this illness has affected your life, that intent may backfire as overexaggeration. 

Keep in mind that whatever you do in public or post on social media is up for grabs in terms of evidence. Since many social media sites can be geo-tagged (meaning that your posts, photos, and videos can show the date and locations where they were made), you may unintentionally harm your case. For instance, if you are feeling good symptom-wise one day, you may want to celebrate that accomplishment on your social media sites. However, that statement could make your employer wonder why you aren't showing up for work if you have good days.

Besides using discretion on social media sites, make sure that you are not missing any doctor or counseling appointments. According to NewsOK.com, many insurers hire private investigators to catch employees doing anything inconsistent with their claims. While this doesn't mean that you should live as a shut-in, it does mean that you should be as straightforward as you can in your claim about what you can and cannot do.

Get More Than One Opinion about Your Condition

Good studies and research require numerous tests over time. You'll want to apply the same principles as you figure out your illness. While your company's insurer will require that they evaluate you with their own physician, you should make sure that you are tested by more than one physician about your condition. Many physicians, insurers, and legal professionals use the Diagnostic and Statistical Manual of Mental Disorders (DSM) to help them make their diagnoses and clarify mental health cases. However, even though the DSM has a good baseline for diagnostics, it has come under scrutiny for its reliability. So getting more than one opinion is imperative so that you can find some commonality in your diagnosis and build your case.

Choose the Right Avenue for Your Disability

While many mental challenges (depression, severe phobias, PTSD, etc.) are covered by workers' comp, you'll want to check your state's laws before you proceed with your case. According to nolo.com, only half the states acknowledge stress as a valid reason for a claim. In many mental health cases, the most you could reasonably hope for is to get some temporary disability benefits to replace your earnings while you take a leave of work. If your case is difficult to prove and you are suffering, you may want to try avenues like social security disability or invest in therapy sessions. A good workers' compensation attorney will be able to tell you if you have a good case or if you should look to other avenues of relief. Plus, since many workers' comp attorneys are only paid a percentage of the money you receive if you win your case, you'll know that he or she will fight for you if you proceed.

For further information about what an attorney can do to help you, go to a website like http://www.hardeeandhardee.com.